We believe that, with the right opportunities, everyone can be a philanthropist.

By partnering with key non-profits, instead provides a way to make small donations; usually in the amount of $3 and $5. These small donations make life changing, and sometimes life saving, differences to people in need.

VIQ
(very important questions)

How much of each donation goes to instead?

5%. Instead keeps operations very lean. This is the absolute smallest amount we can retain and keep development going on instead.

Is instead a non-profit or a for-profit company?

Both! Instead, Inc. is a Delaware C Corporation that owns, operates, and maintains all digital instead properties. Donations are made to instead’s Texas-based non-profit arm with pending 501c3 status.

Is my donation tax deductible?

Most definitely!

When do non-profits receive my donations?

Checks for the total amount of donations received in a month are cut and sent within thirty days of the end of each calendar month. For example, at the end of April, donations would be reviewed, and checks would be written and mailed by the end of May.

Credits

Terms And Conditions

Welcome to instead. These terms and conditions govern your access to and use of this website, applications and various online tools and services that instead makes available to donors, fundraisers, non-profits, registrants and all others users of the instead service, collectively called Users of the instead service (the Service).

1. Responsibilities

(a) Your Responsibilities.
In accordance with terms and conditions contained herein, by accessing the Service, you agree to:
1. be bound by the terms and conditions set forth herein,
2. comply with the Privacy Policy conditions set forth herein,
3. comply with any technical specifications, rules of operation or security procedures set forth by Instead from time to time on the Service. From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Site. While we will endeavor to provide notice to you of any changes to the pricing or other financial terms of these terms and conditions, whether or not we provide notice to you, you will be bound by the revised terms and conditions for all subsequent uses of this Service after such modifications have been made. If you do not agree to any of the terms and conditions set forth herein, you may not use this Service.

(b) instead’s Responsibilities to Users.
In accordance with terms and conditions contained herein, if you are a User, Instead will perform, and You authorize Instead to provide as Your agent and on Your behalf, the following services (the Services). Instead will
4. be paid and process (using a third party processor via Transparent Redirect for PCI compliance reasons) online donations (online Donations) made by individuals or entities (Donors) through the instead Service;
5. comply with the Privacy Policy conditions set forth herein,
6. hold the funds received through online Donations in a bank account;
7. remit funds to the designated non-profit or by check or electronically to the bank account the online Donations after $50 (fifty dollars) has accumulated for that non-profit, less (A) a service fee of 5% of online donations collected via the instead service, and (B) less the stipulated credit, debit or bank card processing and/or bank fee. These fees are subject to change at any time at the discretion of instead and
8. keep a log of all transaction receipts from Donors inside of the Service. Instead also automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the instead Service.

(c) Instead User Accounts.
Instead User Accounts. We make this Service available for use by the general public and non-profit users, subject to these terms and conditions. When you use this Service for any purpose, you will be asked for your name, address, email address, facebook credentials, twitter credentials, and other information to identify yourself or your organization and you will be given the option to create an instead account. In order to access and use the Service aside from making a donation, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited. When you create an account with instead, you will need to choose a password to access the instead Services. You are responsible for maintaining the confidentiality of your password. Keep your password in a secure place and do not allow any unauthorized persons access to your password. If you become aware of any unauthorized use of your password or other security breach, notify instead immediately.

2. Payments and Taxes

Donors will pay the online Donations by credit card to instead as your Agent. The fees deducted by from the online Donations pursuant to Section 1(b)(iii)(A) and (B) will be paid to instead at the time of the transaction. Payment to the designated non-profit organization pursuant to Section 1(b)(iii) above will be made either (a) monthly via electronic funds transfer or via check or (b) no less frequently than quarterly. Payments will be sent on or about the 20th of the month following the end of the relevant payment period. These payment schedules are subject to change at any time at the sole discretion of instead. Nonprofit users will be responsible for taxes based on its net income or gross receipts.

3. Donations to Non-profits: Our fees

If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to non-profits are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the non-profit designated by you are charged on your credit/bank card and paid to, and processed by, instead or its affiliates such non-profit organization's behalf. Any payments of donations are final and non-refundable. The donations will be held in a bank account until such time as instead forwards the donations to the non-profit or payee of funds. Instead forwards donations to the non-profit at intervals as determined by instead and the non-profit. It is as frequently as monthly but no less frequently than quarterly. Your donations to the non-profit designated by you will be net of fees as designated in Section 1(b)(iii). This fee structure is subject to change from time to time at the sole discretion of instead. Users agree not to use an invalid or unauthorized credit/bank card in making transactions on the instead site and applications. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

4. Information on Website and Applications

Any information; ideas or opinions posted by Users of the instead Service or website do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website/applications, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:

Harass, defame, intimidate or threaten another user;

Interfere with another user’s rights to privacy;

Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);

Post any material that is obscene, offensive or indecent;

Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;

Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;

Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or

Advertise or sell any goods or services.

The non-profits listed on the Site/Applications/Services of instead’s database have not condoned use of the instead Service. These non-profits may ask to be removed from the Services at any time and can do so by emailing support@instead.com. Instead tries to respond to all requests in a reasonable amount of time. Often times, the support is handled by volunteers.

5. Partner Services

Our website and applications may provide links to third-party websites or services and may link you automatically to sponsors’ or third party’s websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.

6. Proprietary Rights

(a) Trademarked Material.
You own all your Marks provided by you in connection with your use of this Service (collectively, “Your Materials”). You hereby grant to instead a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, You authorize instead to include Your name and logo in a press release, case studies or other announcements and on the instead Site and Applications. Instead obtains no other right, title or interest in Your Materials except as set forth herein.

(b) Instead Material.
Instead and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by Instead pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by instead pursuant hereto.

7. Trademarks

The names instead, instead.com, insteadapp.com, instead app, instead logo and any other product and service names that we may present on the Site and Applications from time to time may not be used in connection with any product or service that is not instead, Inc’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit instead Other trademarks, service marks or logos that appear on the Site/Applications or anywhere in the instead service is rendered, in particular (but not exclusively) those of non-profits registered with instead are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both instead and the trademark owner.

8. Copyright

All content on this Site and Applications is owned by instead, the non-profits registered with instead, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services' content is permitted without the express prior permission of instead, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to
support

9. Representations and Warranties; Disclaimers

Use of this Service is at your sole risk. Instead provides the tools, the Site, the Applications, and the services on an “As Is”, "As Available" basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, instead expressly disclaims any and all such other warranties. Instead makes no representation as to whether all or any portion of the online Donations are tax deductible. Instead will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.

10. Indemnification

(a) Indemnity by Instead.
Instead agrees to indemnify, defend and hold harmless You and (if applicable) Your officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging that the services hereunder or the instead Materials (i) violate or infringe the Intellectual Property Rights of such third party or (ii) violates any applicable law, rule or regulation.

(b) Your Indemnity.
You agree to indemnify, defend and hold harmless instead and its officers, directors, vendors, partners, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) that Your Materials or the use thereof by Instead or Donors, (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (B) fraud or misrepresentation by You in connection with Your status as a non-profit entity.

(c) Procedures.
A party seeking indemnification hereunder (the “indemnitee”) shall promptly notify the other party (the “indemnitor”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.

(d) Remedies.
This Section 11 states each party’s entire obligation to the other party and such other party’s sole remedy with respect to any claim of infringement.

11. Limitations on Liability

Instead’s liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Service shall be limited, to extent applicable, to (i) the actual direct damages incurred by You, in an amount not to exceed the total revenue received by instead resulting from your use of the Service provided hereunder during the most recently preceding 12-month period, or (ii) your discontinuance of any further use of such items or the Service. Instead shall not be liable for: (i) damages caused by Your failure to perform Your responsibilities; (ii) claims or demands of third parties (other than those third party claims covered by Section 10); or (iii) any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if instead has been advised of the possibility of such damages. The foregoing limitations shall not apply to: (i) the payment of settlements, costs, damages and legal fees referred to in Section 11; or (ii) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, Instead disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if instead has been advised of the possibility of such damages) arising out of (i) your use of the instead Site, Applications and Services or your inability to do so, (ii) your reliance on any content provided on the Service or through the services provided thereunder, and/or (iii) goods and services in any way associated with this Service and the services thereunder. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.

12. Force Majeure

Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.

13. Term and Termination

Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by Instead or (ii) your ceasing to use the Service. Sections 2, 4, 6, 7, 10, 11, 12, 14, 15 and 17 shall survive any termination or expiration of these terms and conditions.

14. User Conduct

You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and Instead tools and services.

15. Privacy Policy

Instead takes your privacy very seriously. We reserve the right to only pass on your name, email address and mailing address to the non-profit you are fundraising for, or donating to, so that they can acknowledge your efforts. Please note that by visiting or registering with instead, its Service, or Site and Applications, you are agreeing to the practices detailed below so please read on to find out how information relating to you will be treated as you use our site.

(a) The information we collect from you as a site visitor
Instead collects information about the Internet Protocol (IP) addresses of all visitors to our site and application. An IP address is a number assigned to your computer automatically when you use the internet. This information is only collected in aggregate (in other words, we are not able to monitor your individual usage of the site) and helps us monitor site traffic patterns in order to improve our service.
This site uses cookies for some interactive features. A cookie is a small amount of data, which includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Most browsers will automatically accept cookies. You can set your browser to reject cookies but some parts of the web site may not function properly if the cookies are rejected.
(b) The information we collect from you when you donate
If you donate on Instead, we collect your first and last name, credit or debit card details (including card type, card number and expiry date) and billing address. We will only use your payment details for the purpose of processing your donation via our payment partners. We reserve the right to automatically pass on your name and email and home addresses to the non-profit that will benefit from your donation.
(c) Email newsletters and notifications from instead
We will send you email newsletters and notifications; however you can opt-out at any time as all newsletters from Instead include the option to unsubscribe and notifications can be adjusted in the Service’s settings.
(d) Nonprofit’s use of your personal information
Instead passes along personal information to the non-profit you have fundraised for, registered for an event with, or donated to. If you wish to stop receiving further communications from a non-profit, please contact them directly.
(e) Security precautions to protect your information
The transfer of online transaction data to and from the web site is protected by the implementation of a Secure Sockets Layer protocol. Our Verisign 128-bit secure certificate allows web browsers to verify the authenticity of our secure instead.com domain and API and to communicate with our site securely, protecting confidential information from interception and hacking. It is your responsibility to keep your password secure at all times to avoid unauthorized use of your instead account.
(f) Share-this-page Services or Social Media
When you provide a friends email address for instead to forward a web address or application, we guarantee that we will only use your friends address for this purpose.
(g) Legal Process
Although unlikely, instead may be forced by law to provide personally identifiable information to the appropriate authorities.
(h) Acceptance of our Privacy Policy
Use of the Instead website and associated services implies acceptance of this Privacy Policy section. If you are not satisfied with any aspect of it please do not continue to use the website and services. This policy may change from time to time and you are deemed to have accepted the current version each time you use instead.com or any site powered by us.
(i) Safe Harbor
With respect to personal information that it receives from the European Union (EU), instead abides by the Safe Harbor framework agreed to by the U.S. Department of Commerce and the EU. For additional information regarding the Safe Harbor Program, see the U.S. Dept. of Commerce web site at
http://www.export.gov/safeharbor.
Because instead and it's legal entity, comply with the Safe Harbor Principles, instead transfers of such data from EU countries to the United States meet the adequacy requirements of the EU Data Protection Directive.

If you have any questions about our Privacy Policy please contact us via email at
support

Miscellaneous

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of laws rules. Any provision of these terms and conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. Except to the limited extent set forth in Section 1(b) above, neither these terms and conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without instead’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and everything herein.